Chapter 1.05
GENERAL PROVISIONS
Sections:
1.05.030 Application to future ordinances.
1.05.060 Rules of interpretation.
1.05.080 Reference to other sections.
1.05.090 Reference to offices.
1.05.100 Errors and omissions.
1.05.140 Ordinances unaffected.
1.05.150 Effective date of ordinances.
1.05.160 Repeal or modification of ordinance.
1.05.010 Title of code.
This codification of ordinances by and for the town of Highland shall be designated as the Code of Highland and may be so cited. [Code 2000 § 10.01].
1.05.020 Interpretation.
Unless otherwise provided herein, or by law or implication required, the same rules of construction, definition, and application shall govern the interpretation of this code as those governing the interpretation of state law. [Code 2000 § 10.02].
1.05.030 Application to future ordinances.
All provisions of HMC Title 1 compatible with future legislation shall apply to ordinances hereafter adopted amending or supplementing this code unless otherwise specifically provided. [Code 2000 § 10.03].
1.05.040 Captions.
Headings and captions used in this code other than the title, chapter, and section numbers are employed for reference purposes only and shall not be deemed a part of the text of any section. [Code 2000 § 10.04].
1.05.050 Definitions.
(A) General Rule. Words and phrases shall be taken in their plain, or ordinary and usual sense. However, technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to their technical import.
(B) Definitions. For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
“Authorized vehicle” means law enforcement vehicles, emergency vehicles, fire department vehicles, school buses, public works vehicles, and towing and recovery vehicles operating under the direction of a law enforcement agency.
“Code,” “this code” or “this code of ordinances” means this municipal code as modified by amendment, revision, and adoption of new titles, chapters, or sections.
“Computation of time” means the time within which any act provided by law is to be done shall be computed by excluding the first day and including the last. If the last day is Sunday, it shall be excluded and the next day shall be included.
“Corporate limits” or “town limits” means the legal boundaries of the town of Highland, except as otherwise provided by law.
“County” means Lake County, Indiana.
Delegation of Authority. Whenever a provision appears requiring the head of a department or some other town officer to do some act or perform some duty, it shall be construed to authorize the head of the department or other officer to designate, delegate and authorize subordinates to perform the required act or perform the duty unless the terms of the provision or section specify otherwise.
Joint Authority. All words giving joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.
“May” means the act referred to is permissive.
“Month” means a calendar month.
Nontechnical and Technical Words. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.
“Oath” means an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words “swear” and “sworn” shall be equivalent to the words “affirm” and “affirmed.”
“Officer,” “office,” “employee,” “commission,” or “department” means an officer, office, employee, commission, or department of this municipality unless the context clearly requires otherwise.
“Owner,” applied to a building or land, includes any part owner, joint owner, tenant in common, tenant in partnership, or joint tenant of the whole or a part of the building or land, either alone or with others.
“Person” extends to and includes person, persons, firm, corporation, copartnership, trustee, lessee, or receiver. Whenever used in any clause which prescribes and imposes a penalty, the term “person” or “whoever” as applied to any unincorporated entity shall mean the partners or members thereof and, as applied to corporations, the officers thereof.
“Personal property” means every species of property except real property.
“Preceding” or “following” means next before or next after, respectively.
“Property” means real and personal property.
“Public place” means any street or highway, sidewalk, park, school yard or open space adjacent thereto and any lake or stream.
“Quorum” means a majority of the members of a board, commission or committee holding office, unless otherwise specifically provided in this code.
“Real property” means lands, tenements, and hereditaments and all chattels real.
“Shall” means the act referred to is mandatory.
“Sidewalk” means that portion of a street between the curb lines of the lateral lines of a roadway and the adjacent property lines intended for use of pedestrians.
“Signature” or “subscription” includes a mark when the person cannot write.
“State” means the state of Indiana.
“Street” means, except as provided in the traffic code, the entire width between property lines of every way or place of whatever nature when any part thereof is open to the use of the public as a matter of right.
“Subchapter” means a division of a chapter, designated in this code by a heading in the chapter analysis and a capitalized heading in the body of the chapter, setting apart a group of sections related by the subject matter of the heading. Not all chapters have subchapters.
“Tenant” or “occupant,” applied to a building or land, shall include any person holding a written or oral lease or who occupies the whole or a part of such building or land, either alone or with others.
“Town,” “municipal corporation,” or “municipality” means the town of Highland, Indiana.
“Town council” means the town council of the town of Highland.
“Wholesale,” “wholesaler,” or “wholesale dealer” means the sale of goods, merchandise, articles or things in quantity to persons who purchase for purposes of resale, as distinguished from a retail dealer who sells in smaller quantities direct to the consumer.
“Written” means any representation of words, letters, or figures, whether by printing or otherwise.
“Year” means a calendar year, unless otherwise expressed. [Ord. 1652 § 1, 2017. Code 1983 § 1-2; Code 2000 § 10.05].
1.05.060 Rules of interpretation.
The construction of all ordinances of this municipality shall be by the following rules, unless such construction is plainly repugnant to the intent of the legislative body or of the context of the same ordinance:
(A) And or Or. Either conjunction shall include the other as if written “and/or,” if the sense requires it.
(B) Acts by Assistants. When a statute or ordinance requires an act to be done which, by law, an agent or deputy as well may do as the principal, such requisition shall be satisfied by the performance of such act by an authorized agent or deputy.
(C) Gender – Singular and Plural – Tenses. Words denoting the masculine gender shall be deemed to include the feminine and neuter genders; words in the singular shall include the plural, and words in the plural shall include the singular; the use of a verb in the present tense shall include the future, if applicable.
(D) General Term. A general term following specific enumeration of terms is not to be limited to the class enumerated unless expressly so limited. [Code 2000 § 10.06].
1.05.070 Severability.
If any provision of this code as now or later amended or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions that can be given effect without the invalid provision or application. [Code 2000 § 10.07].
1.05.080 Reference to other sections.
Whenever in one section reference is made to another section hereof, such reference shall extend and apply to the section referred to as subsequently amended, revised, recodified, or renumbered unless the subject matter is changed or materially altered by the amendment or revision. [Code 2000 § 10.08].
1.05.090 Reference to offices.
Reference to a public office or officer shall be deemed to apply to any office, officer, or employee of this municipality exercising the powers, duties, or functions contemplated in the provision, irrespective of any transfer of functions or change in the official title of the functionary. [Code 2000 § 10.09].
1.05.100 Errors and omissions.
If a manifest error is discovered, consisting of the misspelling of any words; the omission of any word or words necessary to express the intention of the provisions affected; the use of a word or words to which no meaning can be attached; or the use of a word or words when another word or words was clearly intended to express such intent, such spelling shall be corrected and such word or words supplied, omitted, or substituted as will conform with the manifest intention, and the provisions shall have the same effect as though the correct words were contained in the text as originally published. No alteration shall be made or permitted if any question exists regarding the nature or extent of such error. [Code 2000 § 10.10].
1.05.110 Official time.
The official time, as established by applicable state/federal laws, shall be the official time within this municipality for the transaction of all municipal business. [Code 2000 § 10.11].
1.05.120 Reasonable time.
(A) In all cases where an ordinance requires an act to be done in a reasonable time or requires reasonable notice to be given, reasonable time or notice shall be deemed to mean the time which is necessary for a prompt performance of such act or the giving of such notice.
(B) The time within which an act is to be done, as herein provided, shall be computed by excluding the first day and including the last. If the last day be Sunday, it shall be excluded. [Code 2000 § 10.12].
1.05.130 Ordinances repealed.
This code, from and after its effective date, shall contain all of the provisions of a general nature pertaining to the subjects herein enumerated and embraced. All prior ordinances pertaining to the subjects treated by this code shall be deemed repealed from and after the effective date of this code. [Code 2000 § 10.13].
1.05.140 Ordinances unaffected.
All ordinances of a temporary or special nature and all other ordinances pertaining to subjects not embraced in this code shall remain in full force and effect unless herein repealed expressly or by necessary implication. [Code 2000 § 10.14].
1.05.150 Effective date of ordinances.
All ordinances passed by the legislative body requiring publication shall take effect from and after the due publication thereof, unless otherwise expressly provided. Ordinances not requiring publication shall take effect from their passage, unless otherwise expressly provided. [Code 2000 § 10.15].
1.05.160 Repeal or modification of ordinance.
(A) Whenever any ordinance or part of an ordinance shall be repealed or modified by a subsequent ordinance, the ordinance or part of an ordinance thus repealed or modified shall continue in force until the due publication of the ordinance repealing or modifying it when publication is required to give effect thereto, unless otherwise expressly provided.
(B) No suit, proceedings, right, fine, forfeiture, or penalty instituted, created, given, secured, or accrued under any ordinance previous to its repeal shall in any way be affected, released, or discharged, but may be prosecuted, enjoyed, and recovered as fully as if the ordinance had continued in force unless it is otherwise expressly provided.
(C) When any ordinance repealing a former ordinance, clause, or provision shall be itself repealed, the repeal shall not be construed to revive the former ordinance, clause, or provision, unless it is expressly provided. [Code 2000 § 10.16].
1.05.170 Penalty.
(A) Wherever in this code or in any ordinance of the town, or rule or regulation promulgated by an officer or agency thereof under the authority vested by law or ordinance, any act is prohibited or is made or declared to be unlawful or an offense, or the doing of any act is required, or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any such provision of this code, ordinance, rule or regulation shall be punished by a fine not to exceed $2,500 for a first violation and $7,500 for a subsequent violation.
(B) Every day any violation of this code or any such ordinance, rule or regulation shall continue shall constitute a separate offense.
(C) Except as specifically provided otherwise, no town officer or employee shall be liable to the fine specified in subsection (A) of this section for the failure to do any official act required by the provisions of this code. [Ord. 792A, 1982; amended during 2012 recodification. Code 1983 § 1-9. Code 2000 § 10.99].
Cross-reference: Schedule of code or ordinance violations, see HMC 9.85.060.